HomeMy WebLinkAboutResolution 3132 xM .
.O '
�. � _
• O ; O
�b. - CITY of ORONO�
� �
��� �G'�'� RESOLUTION OF THE CITY COUNCIL
�kESH�4 NO. 313 2
A RESOLUTION GRANTING
A RENEWAL VARIANC$ TO MQNICIPAL ZONING CODE
SECTION 10.23, SIIBDIVISION 6 (B) �
FILE #1736
WHEREAS, Gregory C. Peterson (hereinafter "the
applicant") is owner of the property located at 1920 Shoreline
Drive within the City of Orono (hereinafter "City") and legally
described as follows:
Exhibit A, attached (hereinafter "the property"); and
WHEREAS, the applicant has applied for a renewal
variance of a variance app lication that was approved by the City
in 1989 per Resolution No. 2650 and in 1990 per Resolution No.
• 2829 to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to
permit the construction of a single family residence on a lot
that measures 30' at the rear of the front, street setback line
where 2 0 0' i s required.
NOW, THEREFORE, ' BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS �
1. This application was reviewed as Zoning File #1736.
2. The property is located in the LR-lA, Single Family
Lakeshore Residential Zoning District requiring 2 acres
�in area and 200' of required lot width at the front
street setback line. The property has 2+ acres in
area.
3. The Orono Planning Commission originally reviewed this
application on May, 15 1989 (Application #1410) and
recommended approval of the proposed variances based
upon the f o 11 owing f indings:
A. The lot area exceeds the minimum 2 acre dry
buildable acre requirement.
� B. A feasible building envelope exists in addition to
• primary and alternate drainfield sites which have
been tested and approved for use.
Page l of 6
,o .
� �
• ° : °
�b. � CITY of ORONO
� � �
��� �G'�'� RESOLUTION OF THE CITY COUNCIL
�kESH.�g' NO. 313 2
C. The hardship to the property lies in its extreme
narrowness at the point where the defined lot
width is measured. Furthermore, there is no
adjacent land available for purchase that would �
increase the defined lot width to the 200' minimum
standard.
� 4. The Hennepin County Department of Public Works has
verified that the County will approve a private
driveway access onto County Road 15.
5. Although the property contains a feasible building
site, that site is limited by narrowness of the lot and �
by the designated drainfield sites, hence careful site
planning wil 1 be required in developing the property.
Therefore, it is appropriate that a diagram of the
• building envelope and drainfield sites be filed with
this resolution to make future potential buyers of the
property aware of the site limitations. (Refer to Page
6 of this resolution.)
6. The City Council originally granted this variance in �
1989 per Resolution No. 2650 and in 1990 per Resolution
No. 2829 and finds no changes from the original
findings of that resolution. .
7. , The City Council finds that the conditions existing on
this property are peculiar to it and do not apply
generally to other property in this zoning district;
� that granting the variance would not adversely affect
traffic conditions, light, air nor pose a fire hazard
. or other danger to neighboring property; would not
merely serve as a convenience to the applicant, but is
necessary to alleviate a demonstrable hardship or
difficulty; is necessary to preserve a substantial
property right of the applicant; and would be in
keeping with the spirit and intent of the Zoning Code
and Comprehensive Plan of the City.
8. The City Council has considered this application
including the findings and recommendations of the
Planning Commission, reports by City staff, comments by
• the applicant and the effect of the variances on the
health, safety and welfare of the community.
� . Page 2 of 6
�
o.�,.
• � � �
d. � CITY of ORONO
� �
��� ��'�'� RESOLUTION OF THE CITY COUNCIL
�kESH�g' Np, 313 2
CONCLIISIONS, ORDER AND CONDITIONS •
Based upon one or more of the findings noted above, the
Orono City Council hereby grants a renewal variance to Municipal �
Zoning Code Section 10.23, Subdivision 6 (B) to permit the
construction of a single family residence on this lot that does
not meet the required width at the front street setback line
measuring 30' instead of the required 200' , subject to the
fol lowing conditions:
1. Any proposed residence must meet the required minimum
setbacks established for the LR-lA zoning district and
must further meet the required setbacks from drainfield
sites.
2. A diagram of the building envelope and approved
�• drainfield sites are enclosed as Page 6 of this
resolution, to adivse future potential buyers of the
property of the building site limitations.
3. Any proposed residence or development of the property
shall meet the hardcover requirements of the LR-lA
zoning district.
4. No other zoning variances for development of this
property will be granted.
5. The approved access for the property is a single
driveway at County Road 15.
6. A building permit for the construction of a residential
dock on the lakeshore portions of this property shal 1
not be issued until a Certificate of Occupancy is
issued for new residence. Based on the limited land
area on the lakeshore portion of the property, the City
will permit no other permanent structures except for a
residential dock and the temporary storage of dock
sections during the winter months shall be discouraged.
Applicant is further advised to consult with the Lake
Minnetonka Conservation . District to determine if
variance setbacks are necessary for the location of the
proposed dock and if there shall be a minimum of slips
• allowed for dock.
Page 3 of 4
. ��°�
0 0 -
� � CITY of URONO
b` ^
� �
, ��� �G�'� RESOLUTION OF THE CITY COUNCIL
9kES80g' NO. 313 2
7. Authorities granted by this resolution run with the
property not with the applicant, but are permissive
only and must be exercised by application for a
building permit within one year of the date of Council �
approval, or this variance wil 1 expire on that date
(June 8, 1993 ) .
8. Violation of or non-compliance with any of the terms
and conditions of this variance shall constitute a
violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be
punishable as a misdemeanor.
9. The undersigned applicant has read, understood and �
hereby agrees to the terms of this resolution and on
behalf of himself, his heirs, successors and assigns,
• hereby agrees to the recording of this resolution in
: the chain of title of the property.
Adopted by the City Council of the City of Orono,
Min esota at a regular meeting held on the 8th day of June, 1992.
ATT T:
�
othy . H lin, City Clerk Barbara A. Peter on, Mayor
Gregor C. Peterson ulianne H. Peterson
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 8th day of June, 1992 by Barbara A. Peterson & Dorothy M.
Hallin, Mayor & City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf
of the City. �
• LINDA S. VEE • Q �/
No HENNEPIN COUNN TA �C �/�
- My commisslon expires 5-12-98 Notary Public
Page 4 of 6
. � . , •p � ' . . �
� O�
� O . O
�e- - CITY of ORONO
� �
��� �p'�'� . RESOLUTION OF THE CITY COUNCIL
�kESH�g' Np, 313 2
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On thi s �` � day of , 19 9 a-
before me a Notary Publ�}' c within and for said county, personal ly
appeared �L G' • Y'
known to �e t be the person(s) described in and who executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
�
. �••. JAMIE L.BOSMA •
s•., . NOTARY PUBLIC-MINNESOTA
�; HENNEPIN COUNTY
., �� MyComm,Fxpiresl2-19-97 NO R PUBLIC
� .
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this �j day of _, 199�, before me
a N�tary Public within and for aid County, personally appeared
J�l,'c�r►h� �. P� �'so�-�, rnc�r�,�e�
known to me to be t e person(s) described in and who executed t�
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
� (/���
NOTA Y PUBLIC
LINDA S. VEE
NOTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY
My commission expires 8-12-98
• Page 5 of 6 �
��✓�—:C'_-_-,:s..`.• =', _ .��.� . ...--__'__.��:-..�-�-:- ' -. ...__ ....._.----- _r
�►,_ '• y��.��tr•.�;:..i,!...
s��,7�,;�..1— •..� �'.�e+"'=�--�• • .�.i;�- ;'�/..�:' . _ _ . .. ..
� ��S• �/T4i �� . �... • u.. . � � .. . .. � - �^ .- . .�.. • .
� � . .- - " . sj. j . �� �. . _�. �.. '. � .
• � � j � Q�` � � • RESOLUTION #313�2
• ' � _. v✓ . . , .. __ _ . _ _ _ -•
� -` .
�.Y.�. , .� � � . . .. . . ^. - � �..if.^ �� - _.�.�r� �. . _-, - • ,��.�. � •• . �._ _ + •
� � �.� ., - .��. � . � =: . •� ' .
, �� .. - . . • � •
. � .
.�..�� . . • �� ' .
� . `Y. �
A
, .. . �
`�.... . . •
� O
, � �c�� m :
�,� ` � � yt .
/� � � ' �:
:
: � � � .
M
. �'o'� �G k-0 Q . .
.. �,4 q -�
. ` �:,
�2 � i
� _� SJ� i � Z
� . . � . �
� �
' o . . � z . ,�
���J o � �
q � s <
z �%� . �
�
a � y � F .
. � ° cC °� u � , �° � � .
. � �
. _� � � e o .
� � � 4 � � � ,:
� � 2 J N w
i ` � � .
. � o 'u � ... Q �u .� . .
� - � � . � ? , �. � Q . � . " - .
. � o� �' v � . . �
, . .Q � '� � � a -
� `�I N ' � Q( �` (� '
i m � � � ` � � .
I .. � ' � � ~ ' � � Q Ll.
, ; . O � ' � � � � � � Q
� . -� _'� �. . � N � � y
: � � J � �
: � o _ . . . . �. o �
; � � Q � � � � � �
: � � � , = _ � o . � . . .
. '� - L � �
: � � � � � . ,
: . � � . . . � �
� . _ _ , . - -
' . � . Page 6 of 6 � � • � _ , � _ .
� � _ . . � � :
J _. _..-���� Yfi.• , _ _. " �_l+�=_' • � �_-� -...- . -'_� . . . . . . . .'� . . .�
��y,•t�.. �- .. �• . •r. '� ., i . . � . .. _ . , . , , . . . S
, _ . . . . . . . _ � . • � . . � . . . . i
.. _ . : -_ --. , a � m � : f
• ` C .� w -{ �
� • � 0 3 � � RESOLUTION #3132
�• • . : � � .0 z : . e
� ..M� � O '� �+
ri� � m L {
t�.,� �-i m m � a �
• . � 0 � ,r.� s.7-+� • - ' .
' ._ . . _ 3,i .� � m m . :
._. .. .. . � � � ,�„� r--t LT,,,{ •
_ _._.-�---... __ ..... � .s� W� -.t O > �
� . . C � '�-� F+ � . x
= v � � o ' , �
.
' TA t0 V] • , . i
" ' �� — W � ' '
m �.-I 3-t O O m .
�l c� O d m - � °
' y m +�,t � � O • . i
� . H m � ��� � :
O �" �
w s� � � '
. o � - � •'� • k
m s� � �+ . , i
s, o A�� • ,
. L�.� '�y � l.t � � `
.S� ID *� O O SJ '
m i.i -� U � ' `
�,� mmca � �
,� u
' � � w � ao I
,� o a� a� �
r = y
' p � � .j � ai i
. �o � ,
m -�-r O � '� �
�
� O � � u O
k+ ?r� � � � i
� r� S.1 +�{ � r�t . !
• . . � � 3-I � � � � . �
� � � � � � � . �,
n, ,2,7 Lp d � U�
me� v -� �
. . U 3 U E"' �
C'J
z° � =� `� �' � .
�, � . o
m
. � � o �° y u �
.> rn . o w .+� �
�, c� m u
• � � �~ U ID � .
y .^..
*� ?s � -� � O
,r„ r-( � � �
� � � �
�l � � � � m •
rU"� �+'i� ^ O P�'
� � �-► � � a�
s� x � � �+ o .
. �.� mow � � .-
. ' . y tt] s� U O i� � : .
u� � ' '
. � .� s� co � m *D �
' D� O � "•t � � E �
- . C `'ai �� � .
. �i-I 3.t � w • '
. � Q O � � p O � .
O I s� � m W �
' � ' rD L.t s� � �
Z = � �^ m �� � � •
�. p O cD A. � �D � U
Vd trf � m
H H � .�i� 4 .t� cn-,-t �� � .
• . .,.i .m� o t� � c� LL , .
� O
s� s� � � � o � �
w' �n ' vUi � *a'� E v �
. W ��y,,, • i.r � � � 3�-+ r w
. � �..� m rJ 2 .
• ' ' ' . • :
• ' • F•